If its a private application, an applicant can withdraw an application before the court has made its decision or the applicant makes a written application to withdraw to the court.

However, when police initiate an application, the QPS maintains the right to appear and make representations to ensure applications are not withdrawn by the aggrieved due to threats and/or intimidation by the respondent or any other reason unless special circumstances exist. Applications should not be withdrawn merely because the aggrieved wishes that the matter be withdrawn

If the Aggrieved wants the Application withdrawn, can the Court still make a Domestic Violence Order?

The short answer is , yes. If there is a “relevant relationship” between the Aggreived and the Respondent and there has been an act of “domestic violence”, the court may make a protection order if it is “necessary or desirable”.

The Magistrate in Armour v FAC [2012] QMC 22 made a protection order in favour of an aggrieved who clearly indicated that she did not want to proceed with the police application. Even though the making of a protection order is not “desirable” by the parties, the making of the order may be “necessary”, particularly in circumstances where the court finds that the aggreived’s behaviour in wanting to withdraw the application has been suborned by the respondent.